Court grants Mnisi time to further prepare defence for Sibiya in Meyiwa murder trial

The Pretoria high court has granted more time to one of the defence lawyers in the Senzo Meyiwa murder trial to prepare his defence.

On Tuesday, advocate Charles Mnisi, who represents Mthobisi Mncube and has taken over the defence of Muzikawkhulelwa Sibiya, asked the court to grant him a further postponement as he needs more time to prepare for Sibiya's defence.

Mnisi recently took over Sibiya's defence after the death of his former attorney Thulani Mngomezulu.

After Mngomezulu's death, Legal Aid approached Mnisi requesting he assume responsibility for Sibiya’s defence as well. He came on record as Sibiya’s attorney on January 8.

Mnisi told the court he has not yet completed reviewing the case record, which comprises about 40,000 pages. He said the volume of material has proven to be more extensive than he anticipated.

Last week, Mnisi admitted to the court he had underestimated the workload when he previously committed to being ready to proceed by April 14. He had believed the time between February 10 and April would be sufficient but has since realised he needs more time to adequately prepare Sibiya’s defence.

“The course of my preparation of the matter does not only involve reading. It also involves analysis, comparing and contrasting, formulation of issues and arguments, research of applicable and relevant authorities from legal literature ... the list is exhaustive,” he said.

After spending two days consulting Sibiya at the Modderbee Correctional Facility, several new issues emerged that required further investigation. He noted these matters are not included in the official court transcripts, emphasising his preparation involves more than just reviewing the existing record.

Mnisi informed the court that on March 25 the state sent a notice indicating it had extracted photographs from phone downloads which it intended to introduce as evidence. He said reviewing and responding to this new material adds to the preparation already under way. Though he has been involved in the case from the beginning and has followed the overall progression of the evidence, Mnisi pointed out this does not mean he is familiar with every detail, particularly the evidence against Sibiya.

“I have never consulted him before, I never received any instructions from him before and never have I given him any legal advice. I started to realise there is so much I did not follow in his case when I am preparing this matter as his new legal representative.”

Mnisi said it is hard to defend someone who could face life in prison while feeling as if a gun is being held to your head. “This takes away the creativity, spontaneity and the art of independent thinking in the conduct of his case and this does not work or resonate with the right to a fair trial.”

According to the lead investigator Brig Bongani Gininda, Sibiya was first linked to the murder through witness statements under oath and circumstantial evidence.

The matter has been postponed to May 9 for Mnisi to update the court on his progress. The main trial is expected to resume on May 19.

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